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HIGGINBOTHAM v. D'AMICO

No. COA12-1099.

741 S.E.2d 668 (2013)

Jeffrey HIGGINBOTHAM, Plaintiff, v. Thomas A. D'AMICO, M.D., and Duke University Health System, Inc., Defendants.

Court of Appeals of North Carolina.

April 16, 2013.

Attorney(s) appearing for the Case

Cranford, Buckley, Schultze, Tomchin, Allen & Buie, P.A., Charlotte, by Paul I. Klein , for Plaintiff.

Yates, McLamb, & Weyher, L.L.P., Raleigh, by Dan J. McLamb and Lori Meyerhoffer , for Defendants.

STEPHENS, Judge.

Procedural History and Factual Background

This appeal arises from a professional liability case brought by Plaintiff Jeffrey Higginbotham, a former patient of Defendant Thomas A. D'Amico, M.D., a board-certified thoracic surgeon employed by Defendant Duke University Health System, Inc. ("Duke"). Plaintiff brought a civil action against Defendants, alleging medical malpractice, battery by performance of an unauthorized operation, and...

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